Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1320

Whether hiring of buses to State Road Transportation Company is covered under rent a cab service?

Case:-S K KAREEMUN Versus CCE, HYDERABAD-III
 
Citation:- 2012-TIOL-1472-CESTAT-BANG
 
Brief Facts:- The Department has raised demand of service tax and interest on the appellant under Rent a Cab services due to the fact that the appellant had made available their buses to the Andhra Pradesh State Road Transport Corporation(APSRTC) under agreements where-under  the APSRTC would ply these buses on the pre-determined routes by stage carriage permits held by the bus owners, with a time schedule fixed by the APSRTC, and the bus would provide the services of drivers to the Corporation and would be paid by the Corporation hire charges per km. The conductors employed by the Corporation would collect passenger fares as fixed by the Corporation/State Government. The buses were to be maintained in roadworthy condition by the owners/appellants. The insurance should be taken by the appellant but showing the Corporation as the hirer in the insurance certificates and the Corporation would accordingly pay the premium. The impugned demands are on the gross amounts of hire charges paid to the appellants by the Corporation during the respective periods of dispute and demands are under the head 'rent-a-cab service.
 
Appellant Contentions:- The learned counsel has drawn attention towards the definition of 'tour operator' under section 65(115) of the Finance Act, 1994 and has argued that, once a motor vehicle is covered by a stage carriage permit, it stands outside the levy of service tax. They have also extensively referred to the relevant terms and conditions of the agreement.
 
Respondent Contentions:- The Respondent draws attention towards the definition of “cab” under section 65(20) and “rent a cab scheme operator” under section 65(91) and submits that, on terms and conditions of the agreement and the facts of the case,  the vehicles in question would squarely fit in the definition of "cab" and the operations with such vehicles would get covered under the definition of "rent-a-cab service”. There is no reference to 'stage carriage permit' in any of the agreements though it is not in dispute that all the buses were covered by stage carriage permits. As per the agreements, the buses were to be covered by 'contract carriage permits'. The buses were under the possession and control of the appellants and were operated by the appellants, these vehicles cannot be recognized as "stage carriages" as defined under the Motor Vehicles Act/Rules and, therefore, the appellants cannot validly contest the demands raised under head "rent-a­-cab" service and also relied on the decision in the case of Lok Priya Travels vs. CST, Ahmedabad.
 
Reasoning of Judgment:- We have considered submissions on both sides and we are of the view that the exact nature of the activity undertaken by the appellant has to be examined in detail at final hearing stage. For the purpose of stay application, we have studied the terms and conditions of a specimen agreement. The terms and conditions of the agreements were as follows:
a)    Bus is owned by the appellant and operated as a stage carriage for the corporation.
b)    Bus was to be operated on the said route with the same time schedule fixed by the corporation.
c)    Bus was kept to be it roadworthy condition in terms of the Motor Vehicles Act/Rules by the owner.
d)    It had to be insured to cover all risks and the corporation to be shown as the hirer of the vehicle in the insurance policy.
e)    It was the owner responsibility of the owner to make arrangements for proper prosecution of proceedings either before the Motor Accidents claims Tribunal or other authorities.
f)     Owner was required to comply with all statutory provisions pertaining to labour, insurance.
g)    Owner was required to provide a driver with a valid driving license for operating the vehicle and was also required to pay his wages.
h)    Passenger fares were liable to be collected at the prescribed rates by a conductor employed by the Corporation.
i)      Owner was required to display the Corporation’s advertisement boards/banners on the bus or in its interior and all the revenues arising out of all such advertisement would go to the corporation..
j)     Owner should maintain a log book in the proforma prescribed by the corporation to enter the operational particulars.
k)    Owner or his family members shall not engage themselves in the business of operating other vehicles for contact carriage.
 
From above terms, it is clear that the buses did not fit in the definition of "cab" and the transactions between the Corporation on the one hand and the appellant on the other are not to be covered as squarely falling within the ambit of "rent-a-cab" service. Certain factors emerging from the nature of transactions appear to be incompatible with the features of rent a cab scheme. The buses were admittedly being operated as stage carriage under the cover of stage carriage permits. The routes were allotted by the RTOs as per State Government's policy,  with fixed time table determined by the Corporation, fares rates fixed by the State Government and collected by the Corporation. All these facts appear to converge to features of a public transport system. Finally we find that the activities undertaken by the appellants were much more than mere hiring of buses to the Corporation and hence might not be covered by the definition of "rent-a-cab" service. The case law cited by the Respondent has also been examined and the same does not support the present case in as much as the activity discussed in that case was one of hiring of buses owned by the appellants by a municipal corporation for commuting its employees on all working days of the Corporation and not for public transport. We are inclined to grant waiver of pre-deposit and stay of recovery in respect of the adjudged dues.
 
Decision: - Pre-deposit waived and recovery stayed.
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com